- 1.1 “Depth Travel” is the trading name of Skelton Travel Pty Ltd. ABN 52085263850.
- 1.2 “Customer” means the individual or company for whom Depth Travel makes travel bookings.
- 1.3 “Travel Service Provider” means the third party entity providing the travel products and services.
- 2.2 Depth Travel’s obligation to the Customer is to make travel bookings on the Customer’s behalf and to arrange relevant contracts between the Customer and the Travel Service Provider.
3. Travel Information
- 3.1 Information about travel locations, airfares, flight times and dates, tours, packages, insurance, cruises, transportation, foreign currency, schedules, travel companies etc have been supplied to Depth Travel by Travel Service Providers (such as airlines, hotels and transportation suppliers). Depth Travel uses reasonable care to ensure the information is correct at the time of supply, but is not liable to the Customer for any inaccuracies.
- 3.2 Depth Travel accepts no liability or responsibility for information supplied to it by Travel Service Providers, nor does Depth Travel make any warranty or representation regarding the standard of the information. Depth Travel recommends that the Customer independently verify all travel service information.
- 3.3 All bookings are subject to the terms and conditions and limitations of liability imposed by the Travel Service Provider. The details of prices, packages, tours, flights and other information provided to the Customer are subject to change without notice. Depth Travel reserves the right to vary published fares and charges in the event of fluctuations in the exchange rate or price increases made by the Travel Service Provider.
- 3.4 The Customer is responsible for obtaining all passport, visa and health requirements. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of the relevant immigration and other government authorities at the Customer’s destination will be the Customer’s sole responsibility.
- 4.1 The Customer acknowledges that Depth Travel will not provide the Customer with travel insurance unless the Customer specifically requests Depth Travel to provide same and the Customer pays for same.
- 4.2 Depth Travel strongly recommends that the Customer take out insurance to protect the Customer against any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond the control of the Customer or which is not preventable by reasonable diligence on the Customer’s part.
- 4.3 Depth Travel will not be responsible or liable to the Customer for any injury, damage, loss, delay, additional expense or inconvenience suffered by the Customer.
5. Suitability of travel products and services
- 5.1 Depth Travel does not represent to the Customer that any travel products and services recommended to the Customer by Depth Travel will be suitable for the Customer.
- 5.2 The Customer releases Depth Travel from any claims in relation to the travel products and services recommended to the Customer by Depth Travel, including but not limited to claims that the travel products and services are not suitable.
- 5.3 Depth Travel makes no warranties regarding the safety or otherwise of the Customer’s travel destination. The Customer is to make its own enquiries of the Department of Foreign Affairs and Trade as to the safety and suitability of the Customer’s travel destination. Depth Travel is not liable to the Customer for any loss or damage suffered by the Customer if the Customer’s travel destination is not safe.
- 6.1 The Customer acknowledges that the documents issued to the Customer by Depth Travel are non-transferable. The documents include (but are not limited to) airline tickets, hotel vouchers, tour vouchers or any other document used to confirm an arrangement with a Travel Service Provider.
- 6.2 The Customer acknowledges that the documents issued to the Customer by Depth Travel may also be subject to conditions such as (but not limited to) being non-refundable, non-date changeable, and subject to cancellation or amendment fees.
- 6.3 It is the Customer’s responsibility to read the terms and conditions attaching to the documents issued to the customer by Depth Travel.
7. Failure to provide services
- 7.1 If for any reason the Travel Service Provider is unable to provide the services for which the Customer has contracted, the Customer acknowledges that its remedy lies against the Travel Service Provider and not against Depth Travel.
- 8.1 The travel products and services offered and promoted by Depth Travel are products and services of the Travel Service Provider. Depth Travel will facilitate the Customer’s travel arrangements, including processing the Customer’s bookings and making payments. Depth Travel acts as agent for the Travel Service Provider. The Customer’s legal relationship in respect of the Travel Service Provider’s products and services is with the Travel Service Provider.
- 8.2 To the extent permitted by law, the Customer releases Depth Travel from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of the supply or failure to supply or use or non-use of the Travel Service Provider’s products or services.
- 8.3 Depth Travel, its officers employees shareholders or other representatives will not be liable in damages or otherwise in connection with the Customer’s use of any products or services supplied, organised or recommended by Depth Travel. This limitation of liability applies to all damages of any kind, including (but not limited to) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.
- 9.1 Depth Travel will ask the Customer to pay for the travel products and services provided by the Travel Service Providers. The timing and method of payment depends on the requirements of each Travel Service Provider. The Customer agrees that it will pay Depth Travel when requested to do so by Depth Travel.
- 9.2 If the Customer fails to pay Depth Travel when requested to do so, the Customer acknowledges that the Travel Service Providers may withhold the travel products and services and may cancel any bookings made for the Customer. Any penalties or costs incurred in doing so will be paid by the Customer.
10. Governing Law
- 10.2 The Customer irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia, and the Customer waives any right the Customer may have to object to an action being brought in those courts.
- 11.2 Headings are for reference purposes only.